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Medical malpractice victims are treated as second-class citizens by West Virginia law. As a result, only a handful of personal injury law firms still handle these cases. The odds favor the doctors and hospitals because the Legislature has made it that way at the urging of powerful medical lobbyists. The doctor and hospital insurance company lobbies have made it expensive and difficult for patients to bring suit.
The West Virginia medical malpractice lawyers at Jan Dils, Attorneys at Law represent innocent people hurt by their care providers and have done so for more than 20 years. We proudly represent people injured while receiving medical care from doctors, hospitals, clinics, and HMOs throughout West Virginia.
Our medical malpractice lawyers know that each year approximately 100,000 people die from negligent medical care and millions more are injured. At Jan Dils, Attorneys at Law, our attorneys believe that the safety and security of health care for American families should come first. We recognize consumers and patients deserve a legal system that can serve their needs and give them the power to seek help when they have needlessly suffered serious and permanent injury as a result of negligent medical care.
Medical negligence in West Virginia occurs when a doctor does something to a patient that a reasonably careful physician would not do or when a doctor fails to do something in treating a patient that the doctor should have done. Negligence in malpractice cases can occur in a variety of situations, such as:
Our West Virginia medical malpractice attorneys have experience examining, preparing and presenting complicated medical evidence. We are networked with medical negligence lawyers across the country so that we can access the best and smartest experts.
We work with a dedicated team of medical experts of the highest quality and training to ensure that every avenue of liability has been explored. We have helped patients recover for mistakes made by hospital staff, therapists and nurses and brought claims against physicians, nurses, hospitals and pharmacists.
Medical malpractice cases in West Virginia are complex; they require the skilled touch of an attorney who has the experience you need. At Jan Dils, Attorneys at Law, we do more than just talk the talk; we are proven courtroom warriors who advocate successfully on behalf of our clients. From birth injuries to the misdiagnosis of cancer, you can count on us to represent your best interests.
We can handle cases where negligence was tied to a physician, surgeon, dentist, nurse, psychiatrists, pharmacist, or more. These professionals are all held to a high standard of conduct to protect their patients; should they ever fail to uphold that standard, they may be held liable for their actions.
Many West Virginia malpractice cases fall into one of a few categories, such as failure to diagnose, misdiagnosis, surgical errors, and prescription errors. In addition to proving that the doctor made an error, you must be able to prove that the error caused you harm. If, for example, a doctor negligently missed making a diagnosis, but another doctor made the correct diagnosis and treatment began shortly afterward, there probably would not be a case.
Although we begin work in malpractice cases by getting the facts from our clients and reviewing their medical records, in most cases an expert review is needed to determine whether there is a case. A minority of doctors take on this work as experts, and many of those who do will only accept cases to defend another doctor. Thus your attorney’s ability to find and hire the best expert for your case is key. Some cases require more than one expert: one to speak to the malpractice, and another to give opinions on the injury caused by the malpractice.
We understand how medical mistakes can affect your life and the lives of your family members. Our lawyers will guide you through the legal process, and deliver results in the courtroom.
If you have suffered harm due to medical mistakes or the fault of another person, you likely have many questions such as:
These are just a some of the issues that we help our clients with on a daily basis. The sooner these concerns are put behind you, the sooner you can focus on getting your life back to normal.
If you were the victim of a medical malpractice accident in a West Virginia hospital or private practice in the area, it’s time to speak with a medical malpractice attorney who understands how to achieve a successful outcome in your case.
To establish liability and recover damages in medical negligence cases, you must prove that the medical professional breached the standard of care that others in the profession would employ in the same or similar circumstances. This often requires the use of an expert to testify about the appropriate standard and how the doctor, therapist, nurse and others failed to meet that standard.
All medical malpractice lawsuits in West Virginia are subject to the same statute of limitations – or deadline for filing a claim. Victims of medical malpractice only have a short amount of time from the date the injury is discovered to file a claim. Failing to file your lawsuit within this window of time can result in your case being thrown out and make receiving compensation impossible. For this reason, it is critical patients injured by a doctor or other medical professional contact our experienced team right away.
If you suspect that you or someone you love is the victim of medical malpractice or negligence, you should seek legal assistance immediately from one of our dedicated lawyers. A medical malpractice attorney at Jan Dils, Attorneys at Law can help clients from West Virginia as well as clients across the country.
Jan Dils, Attorneys at Law